29 CFR § 810.115 - Paid meal time and paid break time.

---
identifier: "/us/cfr/t29/s810.115"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "29 CFR § 810.115 - Paid meal time and paid break time."
title_number: 29
title_name: "Labor"
section_number: "810.115"
section_name: "Paid meal time and paid break time."
chapter_name: "WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR"
subchapter_number: "C"
subchapter_name: "OTHER LAWS"
part_number: "810"
part_name: "HIGH-WAGE COMPONENTS OF THE LABOR VALUE CONTENT REQUIREMENTS UNDER THE UNITED STATES-MEXICO-CANADA AGREEMENT IMPLEMENTATION ACT"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "19 U.S.C. 1508(b)(4) and 19 U.S.C. 4535(b); 28 U.S.C. 2461 note (Federal Civil Penalties Inflation Adjustment Act of 1990); and Pub. L. 114-74 at sec. 701."
regulatory_source: "85 FR 39810, July 1, 2020, unless otherwise noted."
cfr_part: "810"
---


# 810.115 Paid meal time and paid break time.

Paid meal time and paid break time are counted as direct production work for purposes of determining whether at least 85 percent of a worker's total work hours are hours worked in direct production. However, if less than 85 percent of a worker's total work hours are worked in direct production, paid meal time and paid break time are not included in the average hourly base wage rate calculation.